On July 14, 2005, the employer provided the Union with notice of its intention to review its national network, including mechanized mail processing plants with a view of optimizing its operations. The notice also said that the Québec City plant would be the first one under review.
Twenty days later, in the middle of the holiday period, the employer sent another notice, this time to inform the Union of the closure of the Québec City plant located at 300 St Paul St. The employer specified in its notice that there would be a loss of 302 regular positions in Groups 1, 3 and 4. However, it failed to mention that this technological change would also result in 168 temporary workers being laid off and in the relocation of Group 2 employees.
Employer’s Dishonesty
The employer showed dishonesty, arrogance and disrespect for its employees by alleging in the clause 29.03 notice that it had first considered reviewing its entire national network, starting with the Québec City mechanized plant, on July 14, 2005. However, CPC informed us only 20 days later that the studies were completed and that it would transfer mail processing from Québec City to Montréal. This means it only took 13 working days to conduct impact studies on the consequences of its decision. Not bad for an employer that usually takes several months to make decisions on issues such as health and safety problems.
Arbitrator’s Decision
After having heard the parties’ respective arguments, the arbitrator ruled that the notice sent by the Corporation under clause 29.03 (a) of the collective agreement was not provided within the prescribed time limits, and should have been submitted to the Union at the latest by early February 2005.
The arbitrator also stated that the second notice provided by the Corporation was inadequate and did not meet the requirements of clauses 29.03 (b) and 29.04. In addition, the Corporation must inform the Union of what it intends to do with temporary employees, as well as the regular employees who are not directly affected by the technological change. The arbitrator ordered that the employer provide a new 120-day notice as soon as possible to allow for full negotiation process and/or interest arbitration to take place under clauses 29.05 to 29.10. To make this possible, the arbitrator ordered that implementation of the next phases of the project be suspended and postponed.
The Employer Hasn’t Changed
The employer still puts profits and machines ahead of its employees. In other words, the employer has little or no consideration for you.
Taking part in the employer’s various industrial democracy programs means working against your own interests.